Johnson v. Depuy

Supreme Court of New Jersey

Johnson v. Depuy

2 N.J.L. 165

DecidedFebruary 15, 1807

StatusPublished

This text of 2 N.J.L. 165 (Johnson v. Depuy) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Depuy, 2 N.J.L. 165 (N.J. 1807).

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Opinion

Kirkpatrick, C. J.

— It appears from the return of the justice, that the jury wrote down their verdict and°delivered the writing to the justice instead of openly pronouncing their verdict. We have no such practice. [121] It would be subject to great abuses. We know of no lawful verdict but that which is pronounced by open voice, in open court; a privy verdict is a differemt thing, and has no resemblance to this case. For this reason let judgment be set aside.

Rossell and Pennington, Justices. — ^Concurred.

Judgment reversed.

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Kirkpatrick, C. J.

— It appears from the return of the justice, that the jury wrote down their verdict and°delivered the writing to the justice instead of openly pronouncing their verdict. We have no such practice. [121] It would be subject to great abuses. We know of no lawful verdict but that which is pronounced by open voice, in open court; a privy verdict is a differemt thing, and has no resemblance to this case. For this reason let judgment be set aside.

Rossell and Pennington, Justices. — ^Concurred.

Judgment reversed.

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Bluebook (online)

2 N.J.L. 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-depuy-nj-1807.